Maryland Advance Directive For Healthcare
Maryland Advance Directive For Healthcare
Maryland Advance Directive For Healthcare
STATE OF MARYLAND
OFFICE OF THE ATTORNEY GENERAL
Brian E. Frosh
Attorney General
October 2017
Dear Fellow Marylander:
I am pleased to send you an advance directive form that you can use to plan
for future health care decisions. The form is optional; you can use it if you want or use
others, which are just as valid legally. If you have any legal questions about your
personal situation, you should consult your own lawyer. If you decide to make an
advance directive, be sure to talk about it with those close to you. The conversation is
just as important as the document. Give copies to family members or friends and
your doctor. Also make sure that, if you go into a hospital, you bring a copy. Please
do not return completed forms to this office.
Brian E. Frosh
Attorney General
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HEALTH CARE PLANNING
USING ADVANCE DIRECTIVES
Optional Form Included
Adults can decide for themselves This optional form can be filled out
whether they want medical treatment. without going to a lawyer. But if there is
This right to decide - to say yes or no to anything you do not understand about the
proposed treatment - applies to law or your rights, you might want to talk
treatments that extend life, like a with a lawyer. You can also ask your
breathing machine or a feeding tube. doctor to explain the medical issues,
Tragically, accident or illness can take including the potential benefits or risks to
away a person's ability to make health you of various options. You should tell
care decisions. But decisions still have to your doctor that you made an advance
be made. If you cannot do so, someone directive and give your doctor a copy,
else will. These decisions should reflect along with others who could be involved
your own values and priorities. in making these decisions for you in the
future.
A Maryland law called the Health Care
Decisions Act says that you can do health In Part III of the form, you need two
care planning through “advance witnesses to your signature. Nearly any
directives.” An advance directive can be adult can be a witness. If you name a
used to name a health care agent. This is health care agent, though, that person
someone you trust to make health care may not be a witness. Also, one of the
decisions for you. An advance directive witnesses must be a person who would
can also be used to say what your not financially benefit by your death or
preferences are about treatments that handle your estate. You do not need to
might be used to sustain your life. have the form notarized.
You can name anyone you want (except, You have the right to use an advance
in general, someone who works for a health directive to say what you want about future
care facility where you are receiving care) to life-sustaining treatment issues. You can do
be your health care agent. To name a this in Part II of the form. If you both name
health care agent, use Part I of the a health care agent and make decisions
advance directive form. (Some people about treatment in an advance directive, it’s
refer to this kind of advance directive as a important that you say (in Part II, paragraph
“durable power of attorney for health care.”) G) whether you want your agent to be
Your agent will speak for you and make strictly bound by whatever treatment
decisions based on what you would want decisions you make.
done or your best interests. You decide how
much power your agent will have to make Part II is a living will. It lets you decide
health care decisions. You can also decide about life-sustaining procedures in three
when you want your agent to have this situations: when death from a terminal
power ─ right away, or only after a doctor condition is imminent despite the
says that you are not able to decide for application of life-sustaining procedures; a
yourself. condition of permanent unconsciousness
called a persistent vegetative state; and end-
You can pick a family member as a stage condition, which is an advanced,
health care agent, but you don't have to. progressive, and incurable condition
Remember, your agent will have the power resulting in complete physical dependency.
to make important treatment decisions, One example of end-stage condition could
even if other people close to you might urge be advanced Alzheimer's disease.
a different decision. Choose the person best
qualified to be your health care agent. Also,
consider picking one or two back-up agents,
in case your first choice isn’t available when
needed. Be sure to inform your chosen
person and make sure that he or she
understands what’s most important to you.
When the time comes for decisions, your
health care agent should follow your written
directions.
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FREQUENTLY ASKED QUESTIONS ABOUT
ADVANCE DIRECTIVES IN MARYLAND
1. Must I use any particular form? It depends on what you want to do. If all you
want to do is name a health care agent, just fill out
No. An optional form is provided, but you Parts I and III, and talk to the person about how
may change it or use a different form altogether. Of they should decide issues for you. If all you want to
course, no health care provider may deny you care do is give treatment instructions, fill out Parts II
simply because you decided not to fill out a form. and III. If you want to do both, fill out all three
parts.
2. Who can be picked as a health care agent?
8. Are these forms valid in another state?
Anyone who is 18 or older except, in general,
an owner, operator, or employee of a health care It depends on the law of the other state. Most
facility where a patient is receiving care. state laws recognize advance directives made
somewhere else.
3. Who can witness an advance directive?
9. How can I get advance directive forms for
Two witnesses are needed. Generally, any another state?
competent adult can be a witness, including your
doctor or other health care provider (but be aware Contact Caring Connections (NHPCO) at 1-
that some facilities have a policy against their 800-658-8898 or on the Internet at:
employees serving as witnesses). If you name a http://www.caringinfo.org.
health care agent, that person cannot be a witness
for your advance directive. Also, one of the two 10. To whom should I give copies of my
witnesses must be someone who (i) will not advance directive?
receive money or property from your estate and
(ii) is not the one you have named to handle your Give copies to your doctor, your health care
estate after your death. agent and backup agent(s), hospital or nursing
home if you will be staying there, and family
4. Do the forms have to be notarized? members or friends who should know of your
wishes. Consider carrying a card in your wallet
No, but if you travel frequently to another saying you have an advance directive and who to
state, check with a knowledgeable lawyer to see if contact.
that state requires notarization.
11. Does the federal law on medical records
5. Do any of these documents deal with privacy (HIPAA) require special language
financial matters? about my health care agent?
No. If you want to plan for how financial Special language is not required, but it is
matters can be handled if you lose capacity, talk prudent. Language about HIPAA has been
with your lawyer. incorporated into the form.
6. When using these forms to make a decision, 12. Can my health care agent or my family
how do I show the choices that I have decide treatment issues differently from
made? what I wrote?
Write your initials next to the statement that It depends on how much flexibility you want
says what you want. Don't use checkmarks or X's. to give. Some people want to give family members
If you want, you can also draw lines all the way or others flexibility in applying the living will.
through other statements that do not say what you Other people want it followed very strictly. Say
want. what you want in Part II, Paragraph G.
7. Should I fill out both Parts I and II 13. Is an advance directive the same as a
of the advance directive form? “Patient’s Plan of Care”, “Instructions on
Current Life-Sustaining Treatment
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Options” form, or Medical Orders for Life- 18. What about donating my body for medical
Sustaining Treatment (MOLST) form? education or research?
No. These are forms used in health care Part II of the “After My Death” form is a
facilities to document discussions about current general statement of these wishes. The State
life-sustaining treatment issues. These forms are Anatomy Board has a specific donation program,
not meant for use as anyone’s advance directive. with a pre-registration form available. Call the
Instead, they are medical records, to be done only Anatomy Board at 1-800-879-2728 for that form
when a doctor or other health care professional and additional information.
presents and discusses the issues. A MOLST form
contains medical orders regarding life-sustaining 19. If I appoint a health care agent and the
treatments relating to a patient’s medical health care agent and any back-up agent
condition. dies or otherwise becomes unavailable, a
surrogate decision maker may need to be
14. Can my doctor override my living will? consulted to make the same treatment
decisions that my health care agent would
Usually, no. However, a doctor is not required have made. Is the surrogate decision
to provide a “medically ineffective” treatment even maker required to follow my instructions
if a living will asks for it. given in the advance directive?
15. If I have an advance directive, do I also Yes, the surrogate decision maker is required
need a MOLST form? to make treatment decisions based on your known
wishes. An advance directive that contains clear
Yes. The MOLST form contains medical and unambiguous instructions regarding
orders that will help ensure that all health care treatment options is the best evidence of your
providers are aware of your wishes. If you don't known wishes and therefore must be honored by
want emergency medical services personnel to try the surrogate decision maker.
to resuscitate you in the event of cardiac or
respiratory arrest, you must have a MOLST form Part II, paragraph G enables you to choose
containing a DNR order signed by your doctor. one of two options with regard to the degree of
nurse practitioner, or physician assistant. A signed flexibility you wish to grant the person who will
EMS/DNR order approved by the Maryland ultimately make treatment decisions for you,
Institute for Emergency Medical Services Systems whether that person is a health care agent or a
would also be valid. surrogate decision maker. Under the first option
you would instruct the decision maker that your
16. Does the DNR Order have to be in a stated preferences are meant to guide the decision
particular form? maker but may be departed from if the decision
maker believes that doing so would be in your best
Yes. Emergency medical services personnel interests. The second option requires the decision
have very little time to evaluate the situation and maker to follow your stated preferences strictly,
act appropriately. So, it is not practical to ask them even if the decision maker thinks some alternative
to interpret documents that may vary in form and would be better.
content. Instead, the standardized MOLST form REVISED MAY 2017
has been developed. Have your doctor or health
care facility visit the MOLST web site at IF YOU HAVE OTHER QUESTIONS, PLEASE TALK TO YOUR
http://marylandmolst.org or contact the Maryland DOCTOR OR YOUR LAWYER. OR, IF YOU HAVE A QUESTION
Institute for Emergency Medical Services System ABOUT THE FORMS THAT IS NOT ANSWERED IN THIS PAMPHLET,
at (410) 706-4367 to obtain information on the
YOU CAN CALL THE HEALTH POLICY DIVISION OF THE
MOLST form.
ATTORNEY GENERAL’S OFFICE AT (410) 767-6918 OR E-MAIL US
17. Can I fill out a form to become an organ AT [email protected].
donor? MORE INFORMATION ABOUT ADVANCE DIRECTIVES CAN BE
OBTAINED FROM OUR WEBSITE AT:
Yes, Use Part I of the “After My Death” form. http://www.oag.state.md.us/Healthpol/AdvanceDirectives.
htm
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MARYLAND ADVANCE DIRECTIVE:
PLANNING FOR FUTURE HEALTH CARE DECISIONS
Using this advance directive form to do health care planning is completely optional.
Other forms are also valid in Maryland. No matter what form you use, talk to your family
and others close to you about your wishes.
This form has two parts to state your wishes, and a third part for needed signatures.
Part I of this form lets you answer this question: If you cannot (or do not want to) make
your own health care decisions, who do you want to make them for you? The person you
pick is called your health care agent. Make sure you talk to your health care agent (and
any back-up agents) about this important role. Part II lets you write your preferences
about efforts to extend your life in three situations: terminal condition, persistent
vegetative state, and end-stage condition. In addition to your health care planning
decisions, you can choose to become an organ donor after your death by filling out the form
for that too.
➔ You can fill out Parts I and II of this form, or only Part I, or only Part II. Use the form to
reflect your wishes, then sign in front of two witnesses (Part III). If your wishes change,
make a new advance directive.
Make sure you give a copy of the completed form to your health care agent, your
doctor, and others who might need it. Keep a copy at home in a place where someone can
get it if needed. Review what you have written periodically.
I select the following individual as my agent to make health care decisions for me:
Name:
Address:
Telephone Numbers:
(home and cell)
Page 1 of 8
B. Selection of Back-up Agents
(Optional; form valid if left blank)
Name:
Address:
Telephone Numbers:
(home and cell)
2. If my primary agent and my first back-up agent cannot be contacted in time or for any
reason are unavailable or unable or unwilling to act as my agent, then I select the
following person to act in this capacity:
Name:
Address:
Telephone Numbers:
(home and cell)
I want my agent to have full power to make health care decisions for me, including the
power to:
1. Consent or not to medical procedures and treatments which my doctors offer, including
things that are intended to keep me alive, like ventilators and feeding tubes;
2. Decide who my doctor and other health care providers should be; and
Page 2 of 8
THIS ADVANCE DIRECTIVE DOES NOT MAKE MY AGENT
RESPONSIBLE FOR ANY OF THE COSTS OF MY CARE.
I trust my agent’s judgment. My agent should look first to see if there is anything in Part II
of this advance directive that helps decide the issue. Then, my agent should think about the
conversations we have had, my religious and other beliefs and values, my personality, and
how I handled medical and other important issues in the past. If what I would decide is still
unclear, then my agent is to make decisions for me that my agent believes are in my best
interest. In doing so, my agent should consider the benefits, burdens, and risks of the
choices presented by my doctors.
F. In Case of Pregnancy
(Optional, for women of child-bearing years only; form valid if left blank)
1. If, prior to the time the person selected as my agent has power to act under this
document, my doctor wants to discuss with that person my capacity to make my own
health care decisions, I authorize my doctor to disclose protected health information
which relates to that issue.
2. Once my agent has full power to act under this document, my agent may request,
receive, and review any information, oral or written, regarding my physical or mental
health, including, but not limited to, medical and hospital records and other protected
health information, and consent to disclosure of this information.
3. For all purposes related to this document, my agent is my personal representative
under the Health Insurance Portability and Accountability Act (HIPAA). My agent may
sign, as my personal representative, any release forms or other HIPAA-related
materials.
1. Immediately after I sign this document, subject to my right to make any decision about
my health care if I want and am able to.
✎______________
>>OR<<
2. Whenever I am not able to make informed decisions about my health care, either
because the doctor in charge of my care (attending physician) decides that I have lost
this ability temporarily, or my attending physician and a consulting doctor agree that I
have lost this ability permanently.
✎__________
Page 4 of 8
PART II: TREATMENT PREFERENCES (“LIVING WILL”)
I want to say something about my goals and values, and especially what’s most important
to me during the last part of my life:
1. Keep me comfortable and allow natural death to occur. I do not want any medical
interventions used to try to extend my life. I do not want to receive nutrition and fluids
by tube or other medical means.
✎______________
>>OR<<
2. Keep me comfortable and allow natural death to occur. I do not want medical
interventions used to try to extend my life. If I am unable to take enough nourishment
by mouth, however, I want to receive nutrition and fluids by tube or other medical
means.
✎______________
>>OR<<
3. Try to extend my life for as long as possible, using all available interventions that in
reasonable medical judgment would prevent or delay my death. If I am unable to take
enough nourishment by mouth, I want to receive nutrition and fluids by tube or other
medical means.
✎______________
Page 5 of 8
C. Preference in Case of Persistent Vegetative State
(If you want to state what your preference is, initial one only. If you do not want to state a
preference here, cross through the whole section.)
1. Keep me comfortable and allow natural death to occur. I do not want any medical
interventions used to try to extend my life. I do not want to receive nutrition and fluids
by tube or other medical means.
✎______________
>>OR<<
2. Keep me comfortable and allow natural death to occur. I do not want medical
interventions used to try to extend my life. If I am unable to take enough nourishment
by mouth, however, I want to receive nutrition and fluids by tube or other medical
means.
✎______________
>>OR<<
3. Try to extend my life for as long as possible, using all available interventions that in
reasonable medical judgment would prevent or delay my death. If I am unable to take
enough nourishment by mouth, I want to receive nutrition and fluids by tube or other
medical means.
✎______________
1. Keep me comfortable and allow natural death to occur. I do not want any medical
interventions used to try to extend my life. I do not want to receive nutrition and fluids
by tube or other medical means.
✎_____________
>>OR<<
2. Keep me comfortable and allow natural death to occur. I do not want medical
interventions used to try to extend my life. If I am unable to take enough nourishment
by mouth, however, I want to receive nutrition and fluids by tube or other medical
means.
✎______________
>>OR<<
Page 6 of 8
3. Try to extend my life for as long as possible, using all available interventions that in
reasonable medical judgment would prevent or delay my death. If I am unable to take
enough nourishment by mouth, I want to receive nutrition and fluids by tube or other
medical means.
✎______________
E. Pain Relief
No matter what my condition, give me the medicine or other treatment I need to relieve
pain.
F. In Case of Pregnancy
(Optional, for women of child-bearing years only; form valid if left blank)
If I am pregnant, my decision concerning life-sustaining procedures shall be modified as
follows:
1. I realize I cannot foresee everything that might happen after I can no longer decide for
myself. My stated preferences are meant to guide whoever is making decisions on my
behalf and my health care providers, but I authorize them to be flexible in applying
these statements if they feel that doing so would be in my best interest.
✎______________
>>OR <<
2. I realize I cannot foresee everything that might happen after I can no longer decide for
myself. Still, I want whoever is making decisions on my behalf and my health care
providers to follow my stated preferences exactly as written, even if they think that
some alternative is better.
✎______________
Page 7 of 8
PART III: SIGNATURE AND WITNESSES
By signing below as the Declarant, I indicate that I am emotionally and mentally competent
to make this advance directive and that I understand its purpose and effect. I also
understand that this document replaces any similar advance directive I may have
completed before this date.
The Declarant signed or acknowledged signing this document in my presence and, based
upon personal observation, appears to be emotionally and mentally competent to make
this advance directive.
Telephone Number(s):
Telephone Number(s):
(Note: Anyone selected as a health care agent in Part I may not be a witness. Also, at least
one of the witnesses must be someone who will not knowingly inherit anything from the
Declarant or otherwise knowingly gain a financial benefit from the Declarant’s death.
Maryland law does not require this document to be notarized.
Page 8 of 8
AFTER MY DEATH
(This document is optional. Do only what reflects your wishes.)
(Initial the ones that you want. Cross through any that you do not want.)
For transplantation ✎
For therapy ✎
For research ✎
After any organ donation indicated in Part I, I wish my body to be donated for use in
a medical study program.
Page 1 of 2
✎______________
I want the following person to make decisions about the disposition of my body and
my funeral arrangements: (Either initial the first or fill in the second.)
Name:
Address:
Telephone Number(s):
(Home and Cell)
If I have written my wishes below, they should be followed. If not, the person I have named
should decide based on conversations we have had, my religious or other beliefs and
values, my personality, and how I reacted to other peoples’ funeral arrangements. My
wishes about the disposition of my body and my funeral arrangements are:
By signing below, I indicate that I am emotionally and mentally competent to make this
donation and that I understand the purpose and effect of this document.
The Donor signed or acknowledged signing the foregoing document in my presence and,
based upon personal observation, appears to be emotionally and mentally competent to
make this donation.
Telephone Number(s):
Telephone Number(s):
Page 2 of 2
AFTER MY DEATH
0
Did You Remember To ...
□ Look over the “After My Death” form to see if you want to fill
out any part of it?
□ Make sure your health care agent (if you named one), your
family, and your doctor know about your advance care
planning?